Case: 13-7003 Document: 11 Page: 1 Filed: 04/11/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
JAMES LEROY HARRIS,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
__________________________
2013-7003
__________________________
Appeal from the United States Court of Appeals for
Veterans Claims in case no. 12-2287, Judge Mary J.
Schoelen.
__________________________
ON MOTION
__________________________
Before PROST, MOORE, and O’MALLEY, Circuit Judges.
PER CURIAM.
ORDER
James Leroy Harris, a veteran seeking Department of
Veterans Affairs (DVA) disability compensation for hyper-
tension, has appealed from a decision of the United States
Case: 13-7003 Document: 11 Page: 2 Filed: 04/11/2013
JAMES HARRIS V. SHINSEKI 2
Court of Appeals for Veterans Claims (Veterans Court)
denying his petition for a writ of mandamus. The Secre-
tary of Veterans Affairs moves to waive the requirements
of Federal Circuit Rule 27(f) and to dismiss James Har-
ris’s appeal as moot. Harris has not filed a response.
In its order denying Harris’s petition to compel the
DVA to issue a decision on his claim, the Veterans Court
concluded that any delay on the part of the DVA in not
having issued an initial decision on Harris’s hypertension
claim was not so extraordinary as to justify mandamus
relief. Harris’s informal brief with this court argues that
the DVA violated his due process rights in refusing to
process his hypertension benefits claim, asserting that the
DVA had “no intention” of ever issuing an initial decision.
In his motion to dismiss, the Secretary informs the court
that on December 21, 2012 the DVA regional office (RO)
issued its initial decision, denying Harris’s hypertension
benefits claim.
In light of the DVA’s recent decision, we agree with
the Secretary that Harris’s appeal seeking to compel an
initial decision on his claim is now moot and must be
dismissed. This court, like other federal courts, lacks
authority “to give opinions upon moot questions or ab-
stract propositions, or to declare principles or rules of law
which cannot affect the matter in issue in the case before
it.” Church of Scientology v. United States, 506 U.S. 9, 12
(1992) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)).
As such, “if an event occurs while a case is pending on
appeal that makes it impossible for the court to grant ‘any
effectual relief whatever’ to a prevailing party, the appeal
must be dismissed.” Id. (quoting Mills, 159 U.S. at 653).
If Harris is dissatisfied with the RO’s decision, he may
timely appeal to the Board of Veterans’ Appeals.
Accordingly,
Case: 13-7003 Document: 11 Page: 3 Filed: 04/11/2013
3 JAMES HARRIS V. SHINSEKI
IT IS ORDERED THAT:
(1) The motions to dismiss and to waive the require-
ments of Rule 27 are granted.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
ISSUED AS MANDATE: April 11, 2013
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